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STATE v. DOWNEY

Nos. 383 S 91, 383 S 92.

476 N.E.2d 121 (1985)

STATE of Indiana, Appellant, v. Robert Lee DOWNEY, Ora Downey and Nona Downey, Appellees.

Supreme Court of Indiana.

Rehearing Denied May 30, 1985.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellant.

Jerry E. Levendoski, Deputy Public Defender, Bruce S. Cowen, Deputy Public Defender, Robert S. Bechert, Deputy Public Defender, Fort Wayne, for appellees.

DeBRULER, Justice.

This is a consolidation of two direct appeals from grantings of motions to dismiss pursuant to Ind. Code § 35-3.1-1-4. Appellees, Robert, Ora and Nona Downey, were charged with neglect of a dependent, a class D felony, Ind. Code § 35-46-1-4(a)(1). Appellees moved to dismiss the indictment on the grounds that the section of the statute it was based upon was unconstitutionally vague. The trial court agreed with their contention and dismissed...

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